Section 11-0707. Exemptions from requirement of hunting, big game, fishing and trapping licenses  


Latest version.
  • 1.  Resident  owners  and  lessees  and  members  of  their  immediate
      families, actually occupying and cultivating farm lands,  on  such  farm
      lands and the waters thereof, shall have the right,
        a. to hunt wildlife except wild deer and bear,
        b.  to  trap  bobcat,  coyote,  fox,  mink, muskrat, raccoon, opossum,
      weasel, skunk, and unprotected wildlife that may lawfully  be  taken  by
      trapping  (except that only the owner or lessee thereof may trap without
      license on a registered muskrat marsh) and
        c. to take fish and frogs, except that they may not take bait fish  by
      net or trap, all as if they held the licenses defined in section 11-0701
      and required by section 11-0703, subdivision 6.
        2.  Minors under the age of sixteen may take fish and frogs as if they
      held fishing licenses, except that they may not take bait fish by net or
      trap.
        3. Any person  who  is  a  patient  at  any  facility  in  this  state
      maintained  by  the  United  States  Veterans'  Administration or at any
      hospital or sanitorium for treatment of tuberculosis maintained  by  the
      state  or  any  municipal corporation thereof or resident patient at any
      institution of the department of Mental Hygiene, or resident patient  at
      the  rehabilitation hospital of the department of Health, or at any rest
      camp maintained by the state through the Division of  Veterans'  Affairs
      in  the  Executive  Department or any inmate of a conservation work camp
      within  the  youth  rehabilitation  facility  of   the   department   of
      correction, or any inmate of a youth opportunity or youth rehabilitation
      center  within  the Office of Children and Family Services, any resident
      of a nursing home or residential health  care  facility  as  defined  in
      subdivisions  two  and  three of section twenty-eight hundred one of the
      public health law, or any staff  member  or  volunteer  accompanying  or
      assisting  one  or  more  residents  of such nursing home or residential
      health care facility on an outing authorized  by  the  administrator  of
      such  nursing  home or residential health care facility may take fish as
      if he held a fishing license, except that he may not take bait  fish  by
      net  or  trap,  if  he  has  on  his person an authorization upon a form
      furnished by the department containing such identifying information  and
      data as may be required by it, and signed by the superintendent or other
      head  of such facility, institution, hospital, sanitarium, nursing home,
      residential health care facility or rest camp, as the case may be, or by
      a staff physician thereat duly authorized so to do by the superintendent
      or other head thereof. Such authorization with  respect  to  inmates  of
      said  conservation  work camps shall be limited to areas under the care,
      custody and control of the department.
        4. If persons holding fishing licenses issued under the New York  Fish
      and  Wildlife  Law  are  not required to have licenses issued by a state
      named in paragraph a, b, c or d of this subdivision when fishing in that
      part of the waters, specified in such paragraph, which lies within  that
      state,  then, in such case, a person holding a fishing license issued by
      such state may, without a fishing license  issued  under  the  New  York
      State  Fish  and  Wildlife  Law, take fish as provided in title 13, from
      that part of such waters specified in paragraph a, b, c or d which  lies
      within this state:
        a.  License  issued  by  Vermont:  that  part  of Lake Champlain lying
      between New York and Vermont;
        b. License issued by Pennsylvania: that part  of  the  Delaware  River
      lying between New York and Pennsylvania;
    
        c.  License  issued by Connecticut: those parts of Indian Lake, and of
      Samuel Bargh Reservoir (Mianus Reservoir) lying  between  New  York  and
      Connecticut;
        d.  License  issued  by  New Jersey: that part of Greenwood Lake lying
      between New York and New Jersey.
        * 6. No license  is  required  to  take  fish  by  angling,  spearing,
      hooking,  long  bow  or tipups from the waters of the marine district or
      from the Hudson River south of Troy Barrier Dam at Troy.
        * NB Repealed October 1, 2009
        7. The owner or lessee of a  registered  muskrat  marsh  may,  without
      license,  trap  muskrat,  bobcat,  coyote,  fox, mink, raccoon, opossum,
      weasel, skunk,  and  unprotected  wildlife  permitted  to  be  taken  by
      trapping, on such registered muskrat marsh.
        8.  The  enrolled  members  of  an  Indian  tribe having a reservation
      located wholly or partly within the state and such other Indians as  are
      permitted  by  the  tribal  government  having  jurisdiction  over  such
      reservation may hunt, fish, trap upon such reservation subject  only  to
      rules,  regulations  and  fish  and  wildlife  laws  established  by the
      governing body of such reservation. Before fish and  wildlife  taken  on
      reservations  by  Indians  shall  be  transported  or  possessed off the
      reservation it shall be tagged for identification purposes in  a  manner
      to  be  required  by  the  governing  body  of  such  reservation.  This
      subdivision shall in no way  limit  or  otherwise  impair  the  existing
      powers  of  any  tribal  government  to  regulate  hunting,  fishing and
      trapping and/or to issue licenses for same.
        9. A minor under the age of twelve may accompany and assist a licensed
      trapper who is the minor's parent or legal guardian or who is  a  person
      eighteen  years  of  age  or  older designated in writing by the minor's
      parent or legal guardian on a form prescribed by the department and such
      parent, legal guardian or designee has  had  at  least  three  years  of
      trapping  experience.  Such  minor  may assist the licensed adult in all
      aspects of trapping without possessing a trapping license.